Legal Criteria for Modification
In California, either party can request a modification of spousal support if there is a material change in circumstances since the original order was made. This generally means that there have been significant changes in either party's income or living situation that require adjustments to the support amount.
Some examples of substantial changes that might warrant modification include:
- Loss of employment or a significant decrease in income
- A considerable increase in income
- Serious health issues that affect the ability of either party to work
- Changes in the living situation, such as cohabitation of the supported party
It's important to note that remarriage of the supported spouse often results in the automatic termination of spousal support.
Do You Have Grounds to Seek Modification?
One common question is, "Do I have grounds to seek a spousal support modification?" The answer largely depends on whether you've experienced a substantial change in circumstances. While you can represent yourself in this process, the support and guidance of an attorney can be invaluable in determining if seeking spousal support modification is a good option for you.
Requesting a Modification by Agreement
Suppose you and your ex-spouse or domestic partner come to a mutual agreement regarding the adjustment of your long-term spousal support. In that case, it's possible to formalize this agreement without undergoing a court hearing. This process involves drafting a stipulation that outlines the agreed-upon changes. Once both parties have signed this document, it can be submitted to the court to be rendered into an official court order.
This collaborative approach simplifies the modification process and allows for a more amicable resolution, saving time and reducing potential conflicts.
Petitioning the Court for a Modification
If you and your former spouse do not agree to a spousal support modification, you can pursue a modification through petitioning the court. For those who believe they have grounds to request a change in their long-term spousal support, California courts have a specific procedure to follow.
When requesting a modification, you will follow this process:
- Fill out the Request for Order (RFO) form
- Complete the Income and Expense Declaration
- Attach supporting documents
- Make copies of your forms
- File your forms
- Pay a $60 filing fee
- Attend your hearing
Going through this legal process might feel overwhelming, but adjusting your spousal support to reflect current realities is often critical for maintaining financial stability.
Read our blog, "The Four Major Decisions in a Divorce, Part 2: Spousal Support," to learn more about spousal support in California.
The Importance of Legal Assistance
Remember, substantial changes in your life do not have to overburden you financially. Understanding your rights and the procedures in place can help you adjust spousal support when your original order is inappropriate for your current situation.
Although having an attorney for spousal support modifications is not mandatory, it is strongly encouraged. An experienced family law attorney can provide valuable advice and assist in preparing your case.
If you’re facing a change in circumstances or unsure of your legal standing, don’t hesitate to seek professional advice. Contact Singleton Smith Law Offices and schedule a consultation.